Choosing the medical negligence expert properly: the ‘second opinion’ case

medical-expertThe outcome of a claim for medical malpractice largely depends on second opinion submitted by both parties – this is the key point of a professional negligence case. Therefore, the most important thing in a lawsuit of medical negligence is to choose the best medical specialists for second opinion and provide the court with the most thorough and easy to comprehend medical expert opinion. Oftentimes, it becomes obvious whether the claim will be satisfied or not after getting acquainted with a medical expert conclusion. So how should you choose a medical expert? Should it be the head of the department? A specialist with a good reputation? An experienced physician with a large medical practice or an intern who reads the medical literature and aware of all the innovations and achievements of medicine? It depends. There are professionals with a strong character and background, whose ‘second opinion’ sounds dogmatic, but poorly deployed; selfsame, there are young doctors who can write extremely successful and relevant medical expert conclusions.

The first rule in choosing a specialist is to find the correspondence between the expert and specialised areas of medicine, which affects the lawsuit. There are lawyers that work with medical malpractice during childbirth in the hospital, attaching ‘second opinion’ of those who do not have work experience in hospitals and gynecologists. There are lawsuits to perform certain medical procedures that are filed after consulting with experience in the relevant field of the doctor, but a person himself has never carried out such procedures. Such inconsistencies can be costly to the client. It is therefore important to find out in detail by a doctor, if he has any experience in particular related to the claim area. It is not enough to overlap in areas of expertise.

doctor expertThe first call to a specialist is of critical importance. It is not enough to acquaint him with the medical card and a list of procedures passed, it is also necessary to introduce him the case and precedent in details. Primary medical expert opinion is to give a comprehensive answer to all the questions the lawyer has, including the issues related to the actions of doctors and their consequences for the client. Sometimes the medical examiner will have to confirm not only the existence of medical negligence, but also of the direct damage to the client that it entailed. A decent lawyer has to understand the topic at the same level as a skilled person in this or that field of medicine. If a lawyer finds the relevant medical literature and asks a medical expert to examine some particular subject, the medical expert opinion itself is going to be much more detailed and well. Sometimes, specialised medical literature can change the medical expert opinion completely.

In conclusion, it must be said that to get a ‘second opinion’ you should seek for a professional with extensive experience and a good reputation, which has expertise in a particular area. This doctor should be available, flexible, accurate, able to distinguish between main and secondary aspects, and knowing how to write a medical expert opinion. At the same time the expert should be able to work with investigators and qualified lawyers. You may want to drop in at one of the medical negligence solicitors aggregating platforms in the UK, and search for the required specialist basing on the area of expertise and user feedback.